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| The award-winning monthly publication of The Baltimore Radio Amateur Television Society P.O.Box 5915 Baltimore, MD 21282-5915 |
April, 2010
FCC Denies ARRL's Request for Declaratory Ruling
In 2005, after the State of Florida adopted statutes aimed at pirate broadcasters and making it a felony to make a radio transmission without Commission authorization or to interfere with a licensed public or commercial radio station, the ARRL -- through General Counsel Chris Imlay, W3KD -- filed a Request for Declaratory Ruling (Request) with the FCC, seeking a declaratory ruling on portions of that statute. The ARRL argued that the Statute was written so broadly that one could infer that Commission-licensed Amateur Radio stations in Florida would be subject to felony prosecution if their transmissions interfered with broadcast or other radio receivers. In 2006, New Jersey adopted a similar statute and the ARRL's Request was modified to include that state. Five years and one day after the original Request was filed with the Commission, the FCC denied the Request.
FCC Reaffirms Statement on ROS
In mid-February, European amateurs first used a new, experimental digital mode known as ROS. On February 23, 2010 -- after FCC review of the original documents provided from the developer's Web site -- the FCC made the following statements on ROS:
"Section 97.305 is the rule that specifies where different emission types are allowed to be transmitted on different bands. 'ROS' is viewed as 'spread spectrum,' and the creator of the system describes it as that. We assume that he knows what he created. [Section] 97.305 authorizes spread spectrum emission types (defined in Section 97.3) to be transmitted by FCC licensed amateur stations at places we regulate communications only on 222-225 MHz and higher frequency amateur bands. European telecommunication regulatory authorities may authorize amateur stations in Europe to use SS on the HF bands, but this is of no concern to us. The Commission does not determine if a particular mode 'truly' represents spread spectrum as it is defined in the rules. The licensee of the station transmitting the emission is responsible for determining that the operation of the station complies with the rules. This would include determining the type of emission the station is transmitting and that the frequencies being used are authorized for that type of emission."
Since that initial FCC review, several Internet sites have reported a claim -- attributed to the FCC -- that the original statements made had been reconsidered and that the FCC view was now that "ROS cannot be viewed as Spread Spectrum and it would be encompassed within Section 97.309 (RTTY and data emissions codes)."
When queried about this new statement, the FCC's Consumer Assistance Office stated that "[T]he information contained on the ROS Web site was not provided by the FCC." They then reaffirmed the original statements that originated from the FCC's Wireless Bureau, which handles Amateur Radio rules for the US.
April, 2010
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